Pangasinan vs. Almazora
Pangasinan vs. Almazora
Pangasinan vs. Almazora
G.R. No. 200558, July 01, 2015 - CONSUELO V. PANGASINAN AND ANNABELLA V. BORROMEO,
Petitioners, v. CRISTINA DISONGLO-ALMAZORA, RENILDA ALMAZORA-CASUBUAN, RODOLFO
CASUBUAN, SUSANA ALMAZORA-MENDIOLA, CARLOS MENDIOLA, CECILIO ALMAZORA AND
NEN1TA ALMAZORA, Respondents.
SECOND DIVISION
DECISION
MENDOZA, J.:
The present case demonstrates the legal principle that the law aids the vigilant, not those who
ChanRobles CPA Review Online slumber on their rights. Vigilantibus, sed non dormientihus jura subverniunt.
This is a petition for review on certiorari seeking to reverse and set aside the July 28, 2011
Decision1 and the February 3, 2012 Resolution2 of the Court of Appeals (CA), in CA-G.R. CV
84529, which affirmed the June 29, 2004 Decision3 of the Regional Trial Court, Branch 259,
Paranaque City (RTC) in Civil Case No. 96-0206, a case for damages.
The Facts
The subject property is a parcel of land with an area of 572 square meters located in Brgy. Sto.
Domingo, Binan, Laguna. It was registered in the name of Aquilina Martinez (Aquilina) under
Transfer Certificate of Title (TCT) No. T-18729 by the Register of Deeds of Laguna on July 29,
1939.4 redarclaw
ChanRobles Special Lecture Series After the liberation of Manila from the Japanese military occupation in 1945, Aquilina and her
maternal grandmother, Leoncia Almendral (Leoncia), learned that their house on Zabala Street,
Tondo, Manila, was ruined by the war. To rebuild their house, they borrowed money from their
relative, Conrado Almazora (Conrado). Thus, their house was reconstructed. In return, Leoncia
entrusted to Contrado the owner's duplicate copy of TCT No. T-18729 covering the subject
property in Binan, Laguna. Consequently, Conrado and his family remained in the said property.
Following the death of Aquilina on July 19, 1949, the title of the subject property was transferred
to Aurora Morales-Vivar (Aurora), as her sole heir. Accordingly, TCT No. T-35280 was issued in the
name of Aurora5 after TCT No. T-18729 was cancelled. On February 7, 1972, Conrado passed
away.
Sometime in 1994, Aurora learned from Cristina Almazora (Cristina), the widowed spouse of
Conrado, that the title of the subject property had long been transferred in the name of Conrado
and that the subject property had been sold to Fullway Development Corporation (Fullway) by the
Aurora was shocked to learn that the subject property was already transferred to Conrado and sold
for a meager amount. On October 30, 1995, she sent a letter to the heirs of Conrado demanding
the delivery of the payment they received for the sale of the subject property; but it was
unheeded.
On May 9, 1996, Aurora together with her husband, Arturo, filed a complaint for damages7 against
Cristina and the other heirs of Conrado (respondents) before the RTC. They contended that the
owner's duplicate copy of TCT No. T-18729 was only given to Conrado for safekeeping. The
complaint, however, admitted that the family of Conrado had been staying on, and using, the
subject property since 1912 with the permission and generosity of Aquilina and Leoncia.8 redarclaw
Aurora asserted that, through the years, she repeatedly asked Conrado to return the owner's copy
of the title but the latter procrastinated, giving all kinds of excuses, until he died in 1972; that
thereafter, Aurora asked Cristina for the copy of the title but the latter also ignored her request;
that the subsequent sale of the subject property to Fullway was without Aurora's authorization,
and, thus, the payment received by respondents for the sale of the subject property should be
turned over to her; and that she prayed for moral and exemplary damages.9 redarclaw
On June 24, 1996, respondents filed their answer with compulsory counterclaim. They countered
that the subject property was properly transferred to Conrado under TCT No. 35282, and,
thereafter, in the names of the heirs of Conrado under TCT No. T-114352. Respondents averred
that the imputation of fraud on the part of Conrado in the registration of the subject property was
baseless and this assertion of fraud was not transmissible from Conrado to his heirs, who merely
Respondents raised some special and affirmatives defenses, among others, that the complaint
stated no cause of action and was barred by prescription. A preliminary hearing for the said
defenses was set by the RTC.11 In the Order,12 dated May 27, 1999, the RTC ruled that the
complaint stated a cause of action.
Respondents filed a petition for certiorari13 to assail the said interlocutory order of the RTC before
the CA. In its Decision,14 dated February 24, 1999, the CA denied the same and held that the
complaint stated a cause of action, which was an action for damages arising from fraud committed
by Conrado, as trustee, against Aurora, as cestui que trust. The CA further held that the
complaint, on its face, did not show that the action had prescribed.
Meanwhile, the RTC continued the proceedings and set the case for trial on the merits. After the
parties adduced their respective pieces of evidence, the RTC required them to submit their
In its Decision, dated June 29, 2004, the RTC dismissed the complaint. The trial court held that,
after a thorough evaluation of the records, Aurora miserably failed to prove her right to the subject
property. It explained that even if Aurora had a claim on the subject property, she was guilty of
laches. For many years, Aurora slept on her right over the questioned property and failed to
exhaust all means, legal or administrative, to retrieve what was rightfully hers at the earliest
possible time.
The RTC determined that Conrado was able to transfer the title of the subject property in his name
on June 17, 1965 by virtue of a document denominated as "Adjudication and Absolute Sale of a
Parcel of Registered Land,"16 dated January 9, 1949, signed by Aurora and her husband. The
signatures of Aurora and her husband, affixed on the deed of sale, were not properly controverted
by her. The trial court found that her allegations of repeated pleas to Conrado to return the copy of
the title deserved scant consideration. It concluded that Aurora was not entitled to damages
because there were no clear and cogent grounds to award the same. The decretal portion of the
decision reads: LawlibraryofCRAlaw
ChanRoblesVirtualawlibrary
WHEREFORE, premises considered, plaintiffs having failed to prove its case for
damages, the same is hereby ordered DISMISSED for lack of merit.
SO ORDERED.17
Aggrieved, Aurora appealed to the CA. On June 4, 2009, the children of Aurora, namely, Consuelo
V. Pangasinan, Lucio M. Vivar and Annabella V. Borromeo (petitioners), filed a motion for
substitution of party18 after her death on March 26, 2008. In its Resolution,19 dated July 15,
2010, the CA granted the motion.
The CA Ruling
In the assailed Decision, dated July 28, 2011, the CA denied the appeal of petitioners. It held that
it took Aurora more than 50 years to act on Conrado's withholding of the title covering the subject
property. As early as 1945, the title was already in the possession of Conrado. The CA ruled that
petitioners were barred by laches as Aurora should have been impervious in asserting her
ownership and made judicial demands to return the title and the property.
The appellate court added that even on the aspect of prescription of actions, the case would not
prosper either. It explained that the prescriptive period to recover property obtained through fraud
or mistake giving rise to an implied trust under Article 1456 of the Civil Code was 10 years,
pursuant to Article 1144. This 10-year prescriptive period began from the time the land was
registered on June 17, 1965. Accordingly, Aurora had only until June 17, 1975 within which to file
her action. Evidently, the suit was commenced only on May 12, 1996, beyond its prescription
period. The dispositive portion of the decision states: LawlibraryofCRAlaw
ChanRoblesVirtualawlibrary
WHEREFORE, premises considered, the instant petition is DENIED and the Decision
dated June 29, 2004 of the Regional Trial Court of Paranaque City, Branch 259 in Civil
Case No. 96-0206 is hereby AFFIRMED.
SO ORDERED.20
July-2015 Jurisprudence
Petitioners moved for reconsideration, but their motion was denied by the CA in the assailed
G.R. No. 205681, July 01, 2015 - Resolution, dated February 3, 2012.
ATTORNEY-IN-FACT, VIRGILIO A.
ISSUES
CARBONELL, Respondent.
I
G.R. No. 208686, July 01, 2015 -
PEOPLE OF THE PHILIPPINES,
THE COURT OF APPEALS GRAVELY ERRED IN AFFIRMING THE DECISION OF
Appellee, v. ALELIE TOLENTINO A.K.A.
THE LOWER COURT DISMISSING THE COMPLAINT FOR DAMAGES FILED BY
"ALELIE TOLENTINO Y HERNANDEZ,"
AURORA MORALES-VIVAR, WHICH DECISIONS ARE ALL CONTRARY TO LAW;
Appellant.
II
G.R. No. 210341, July 01, 2015 -
REPUBLIC OF THE PHILIPPINES,
THE COURT OF APPEALS SERIOUSLY ERRED IN NOT RULING THAT THE
Petitioner, v. JOSEFINO O. ALORA AND
ACQUISITION OF CONRADO ALMAZORA, RESPONDENTS' PREDECESSOR-IN-
OSCAR O. ALORA, Respondent.
INTEREST, OF THE SUBJECT PROPERTY, IS INVALID AND PRODUCED NO
EFFECT WHATSOEVER BECAUSE NOT ALL THE ELEMENTS OF LACHES, AS TO
G. R. No. 209845, July 01, 2015 -
DEPRIVE AURORA MORALES-VIVAR OF HER OWNERSHIP, ARE PRESENT IN
MELCHOR G. MADERAZO AND
DIONESIO R. VERUEN, JR., Petitioners, THE CASE AT BAR.21
G.R. No. 212194, July 06, 2015 - (i) conduct on the part of the defendant, or of one under whom he claims, giving rise to
PEOPLE OF THE PHILIPPINES, Plaintiff- the situation of which complaint is made for which the complaint seeks a remedy;
Appellee, v. ROD FAMUDULAN1 Y
FEDELIN, Accused-Appellant. (2) delay in asserting the complainant's rights, the complainant having had knowledge
or notice, of the defendant's conduct and having been afforded an opportunity to
G.R. No. 187631, July 08, 2015 - institute a suit;
BATANGAS CITY, MARIA TERESA
GERON, IN HER CAPACITY AS CITY (3) lack of knowledge or notice on the part of the defendant that the complainant
TREASURER OF BATANGAS CITY AND would assert the right on which he bases his suit; and
TEODULFO A. DEGUITO, IN HIS
CAPACITY AS CITY LEGAL OFFICER OF (4) injury or prejudice to the defendant in the event relief is accorded to the
BATANGAS CITY, Petitioners, v. complainant, or the suit is not held to be barred.29
PILIPINAS SHELL PETROLEUM
CORPORATION, Respondent. In the case at bench, the CA correctly held that all the elements of laches were present. First,
Aurora and her family entrusted to Conrado the owner's duplicate of the certificate of title of the
G.R. No. 212205, July 06, 2015 - subject property in 1945. In their complaint, petitioners even admitted that Conrado's family had
PEOPLE OF THE PHILIPPINES, Plaintiff- been staying in the subject property since 1912.30Second, it took five decades, from 1945 to
Appellee, v. OBALDO BANDRIL Y 1996, before Aurora and petitioners decided to enforce their right thereon. Third, respondents who
TABLING, Accused-Appellant. lived all their lives in the disputed property apparently were not aware that Aurora would one day
come out and claim ownership thereon. Fourth, there was no question that respondents would be
A.C. No. 10207, July 21, 2015 - RE: prejudiced in the event that the suit would be allowed to prosper.
DECISION DATED 17 MARCH 2011 IN
CRIMINAL CASE NO. SB-28361 The contention of petitioners that they were not in delay in claiming their rights over the subject
ENTITLED "PEOPLE OF THE property is specious. For 50 years, Aurora and her heirs did not take any legal step to uphold their
PHILIPPINES VS. JOSELITO C. claim over the subject property, despite being fully aware that Conrado and his family were
BARROZO" - FORMER ASSISTANT occupying the same for a very long time. Even petitioner Consuelo Vivar-Pangasinan testified that
PROSECUTOR JOSELITO C. BARROZO, Conrado had been using the property for 30 years31 and that Aurora had never shown her any
Respondent. evidence of ownership of the property.32 redarclaw
property.33 Indeed, not a scintilla of proof was presented by Aurora and her heirs to establish that,
G.R. No. 183735, July 06, 2015 -
for 50 years, they actively manifested to reclaim the title and possession of the subject property.
SEGIFREDO T. VILCHEZ, Petitioner, v.
FREE PORT SERVICE CORPORATION
A person, endowed with properties and entitlements, but chose to lie quietly as decades passed
AND ATTY. ROEL JOHN T. KABIGTING,
by, watching his property wither away, allowing innocent bystanders to pick the fruits of his
PRESIDENT, Respondents.
unguarded trees, instead of safeguarding his rights through the accessibly and necessary legal
means, does not deserve the protection of equity. The law aids the vigilant, not those who slumber
G.R. No. 200670, July 06, 2015 -
on their rights.
CLARK INVESTORS AND LOCATORS
ASSOCIATION, INC., Petitioner, v.
The action has prescribed
SECRETARY OF FINANCE AND
COMMISSIONER OF INTERNAL
On the basis of prescription of actions, the pending petition must also be denied. Petitioners argue
REVENUE, Respondents.
that prescription shall not lie against their action because a registered land under Section 47 of
G.R. No. 216691, July 21, 2015 - P.D. No. 1529 cannot be acquired through prescription.34 The argument is patently erroneous.
JOSE ALEJANDRE P. PAYUMO III, acquisition of a right by the lapse of time as expounded in paragraph 1, Article 1106.35 Acquisitive
Respondents. prescription is also known as adverse possession and usucapcion. The other kind is extinctive
prescription whereby rights and actions are lost by the lapse of time as defined in paragraph 2,
G.R. No. 197731, July 06, 2015 - Article 1106 and Article 1139.36 Another name for extinctive prescription is litigation of action.
HERMIE OLARTE Y TARUG, AND RUBEN These two kinds of prescription should not be interchanged.37 redarclaw
To determine the applicable period of extinctive prescription, the nature and circumstances of the
G.R. No. 207435, July 01, 2015 -
case should be considered. According to petitioners, the owner's duplicate certificate of title was
NORMA EDITA R. DY SUN-ONG,
given to Conrado for safekeeping in 1945. Allegedly, Conrado employed fraud and bad faith when
Petitioner, v. JOSE VICTORY R. DY
SUN, Respondent. he drafted the Adjudication and Absolute Sale of a Parcel of Registered Land39 on January 9, 1949,
and transferred the title of the land to his name with the issuance of TCT No. 3528240 on June 17,
A.C. No. 10187 [Formerly CBD Case 1965; and because of the purported fraud committed by Conrado against petitioners, an implied
No. 11-3053], July 22, 2015 - CELINA constructive trust was created by operation of law, with Conrado as trustee and Aurora as cestui
F. ANDRADA, Complainant, v. ATTY. que trust.
RODRIGO CERA, Respondent.
Constructive trusts are created by the construction of equity in order to satisfy the demands of
A.M. No. RTJ-15-2417 [Formerly justice and prevent unjust enrichment.41 Article 1456 of the Civil Code provides that a person
known as OCA IPI No. 10-3466-RTJ], acquiring property through fraud becomes, by operation of law, a trustee of an implied trust for
July 22, 2015 - ELADIO D. PERFECTO, the benefit of the real owner of the property.42 It is now well-settled that the prescriptive period to
Complainant, v. JUDGE ALMA recover property obtained by fraud or mistake, giving rise to an implied trust under Article 1456 of
CONSUELO D. ESIDERA, Respondent.
the Civil Code, is 10 years pursuant to Article 1144.43 The prescriptive period to enforce the
constructive trust shall be counted from the alleged fraudulent registration or date of issuance of
G.R. No. 171247, July 22, 2015 -
the certificate of title over the property.44 The ten-year prescriptive period applies only if there is
ALFREDO L. VILLAMOR, JR., Petitioner,
an actual need to reconvey the property as when the plaintiff is not in possession of the
v. HON. AMELIA C. MANALASTAS,
property.45
PRESIDING JUDGE, RTC-PASIG CITY, redarclaw
G.R. Nos. 209353-54, July 06, 2015 Even on the subject of ownership, petitioners failed to substantiate their claim. Petitioners had
- REPUBLIC OF THE PHILIPPINES, REP. nothing, other than their bare allegations, that they continuously owned the subject property. For
BY THE COMMISSIONER OF CUSTOMS, decades, petitioners lacked the possession and interest to recover the subject property. The trial
Petitioner, v. PHILIPPINE AIRLINES, court even noted that petitioners could not present a single tax declaration receipt as an indicia of
INC. (PAL), Respondent.; [G.R. Nos. their ownership. Based on the foregoing, petitioners are certainly not entitled to damages on the
211733-34] - COMMISSIONER OF basis of their misplaced claim of ownership over the subject property.
INTERNAL REVENUE, Petitioner, v.
PHILIPPINE AIRLINES, INC. (PAL), WHEREFORE, the petition is DENIED. The July 28, 2011 Decision and the February 3, 2012
Respondent. Resolution of the Court of Appeals in CA-G.R. CV No. 122153 are AFFIRMED in toto.
2 Id. at 26-27.
G.R. No. 207286, July 29, 2015 -
DELA ROSA LINER, INC. AND/OR
3 Penned by Judge Zosimo V. Escano; CA rollo, pp. 55-63.
ROSAURO DELA ROSA, SR. AND NORA
DELA ROSA, Petitioners, v. CALIXTO B.
BORELA AND ESTELO A. AMARILLE, 4 Records, Vol. I, p. 7.
Respondents.
5 Records, Vol. II, p. 673.
14 Penned by Associate Justice Romeo J. Callejo, Sr., with Associate Justice Fermin A.
G.R. No. 190983, July 29, 2015 -
Martin, Jr. and Associate Justice Mariano M. Umali, concurring; id. at 399-423.
SURENDRA GOBINDRAM DASWANI,
Petitioner, v. BANCO DE ORO
15 Records, Vol. II, p. 791.
UNIVERSAL BANK AND REGISTER OF
DEEDS OF MAKATI CITY, Respondent.
16 Id. at 667-668.
21 Id. at 10.
A.M. No. P-15-3304 (Formerly: OCA
I.P.I No. 11-3670-P), July 01, 2015 -
22 Id. at 36-49.
MELQUIADES A. ROBLES,
Complainant, v. 1) CLERK OF COURT V
DUKE THADDEUS R. MAOG, REGIONAL 23 Id. at 65-68.
COMMISSIONER OF INTERNAL
35 Art. 1106. By prescription, one acquires ownership and other real rights through the
REVENUE, Petitioner, v. AIR LIQUIDE
PHILIPPINES, INC., Respondent. lapse of time in the manner and under the conditions laid down by law.
G.R. No. 207791, July 15, 2015 - In the same way, rights and conditions are lost by prescription.
THE CITY OF DAVAO, REPRESENTED
BY THE CITY TREASURER OF DAVAO 36 Art. 1139. Actions prescribe by the mere lapse of time fixed by law.
A.M. No. P-07-2293 (Formerly A.M. 44 See Estate of Margarita Cabacungan v. Laguio, 655 Phil. 366, 389 (2011)
No. 06-12-411-MTC), July 15, 2015 -
OFFICE OF THE COURT
45Brito Sr. v. Dinala, 653 Phil. 200, 211 (2010).
ADMINISTRATOR, Complainant, v.
JOEBERT C. GUAN, FORMER CLERK OF
46ECE Realty and Development, Inc. v. Mandap, G.R. No. 196182, September 1, 2014,
COURT, MUNICIPAL TRIAL COURT,
734 SCRA 76, 83.
BULAN, SORSOGON, Respondent.